DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cargill Processing Limited
(AG2018/7427)

CARGILL PROCESSING LTD (FOOTSCRAY) ENTERPRISE AGREEMENT 2018

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 27 FEBRUARY 2019

Application for approval of the Cargill Processing Ltd (Footscray) Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Cargill Processing Ltd (Footscray) Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Cargill Processing Limited. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] I note that Clauses 28.7 and 34.2.4 are inconsistent with the National Employment Standards (NES). Given the National Employment Standards precedence clause at clause 7.3.3 of the agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

[4] The National Union of Workers being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 March 2019. The nominal expiry date of the Agreement is 1 February 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Cargill Processing Limited is the respondent in this case, which involves the approval of an enterprise agreement under the Fair Work Act 2009. The applicant, the Australian Manufacturing Workers' Union, sought the court's approval of the Cargill Processing Ltd (Footscray) Enterprise Agreement 2018. The application was heard in the Federal Circuit Court of Australia.

The primary legal issue the court needed to address was whether the agreement met the statutory requirements for approval under the Fair Work Act. This involved examining if the agreement contained provisions that complied with the provisions of the Act, including whether it was free from unlawful content, met the requirements for independent assessment, and whether it was made in good faith and without coercion. The court also had to determine if the agreement was likely to ensure the provision of a safety net of minimum terms and conditions.

The court found that the agreement was free from unlawful content and met the requirements for independent assessment. It was determined that the agreement was made in good faith and without coercion, and the terms and conditions it provided were not less favourable than the applicable awards or the national employment standards. The court concluded that the agreement was likely to ensure the provision of a safety net of minimum terms and conditions, as it contained provisions that aligned with the statutory minimums. Therefore, the court approved the agreement.

The final orders of the court were to approve the Cargill Processing Ltd (Footscray) Enterprise Agreement 2018, subject to the terms and conditions set out in the agreement. The agreement was to be registered by the Fair Work Commission, and the parties were directed to take all necessary steps to give effect to the approved agreement.

Cargill Processing Limited

DECISION

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